Website Terms and Conditions
This
website is operated by PLMC Business Services Pty Ltd, ABN 78 167 697 369, (we, our or us).
It is available at www.plmc.com.au and may be available through other
addresses or channels.
Consent
By accessing and/or using our Website, you agree to these terms of use
and our Privacy Policy (available on our Website).
Terms
Please read these Terms carefully and immediately cease using our Website
if you do not agree with them.
Variations
We may, at any time and at our discretion, vary these Terms by
publishing the varied terms on our website. We recommend you check our Website
regularly to ensure you are aware of our current terms. Materials and information
on this Website (Content) are subject to change without notice. We do not
undertake to keep our Website up-to-date and we are not liable if any Content
is inaccurate or out-of-date.
Licence to use our Website
We grant you a non-exclusive, royalty-free, revocable, worldwide,
non-transferable licence to use our Website in accordance with these Terms. All
other uses are prohibited without our prior written consent.
Prohibited conduct
You must not do or attempt to do anything: that is unlawful; prohibited
by any laws applicable to our Website; which we would consider inappropriate;
or which might bring us or our Website into disrepute, including (without
limitation):
(a) anything that would constitute a breach of an individual’s privacy
(including uploading private or personal information without an individual’s
consent) or any other legal rights;
(b) using our Website to defame, harass, threaten, menace or offend any
person;
(c) interfering with any user using our Website;
(d) tampering with or modifying our Website, knowingly transmitting viruses
or other disabling features, or damaging or interfering with our Website,
including (without limitation) using trojan horses, viruses or piracy or
programming routines that may damage or interfere with our Website;
(e) using our Website to send unsolicited email messages; or
(f) facilitating or
assisting a third party to do any of the above acts.
Exclusions of competitors
You are prohibited from using our Website,
including the Content, in any way that competes with our business.
Information
The Content is not comprehensive and is for
general information purposes only. It
does not take into account your specific needs, objectives or circumstances,
and it is not advice. While we use
reasonable attempts to ensure the accuracy and completeness of the Content, we
make no representation or warranty in relation to it, to the maximum extent permitted
by law.
Intellectual Property rights
Unless otherwise indicated, we own or licence
all rights, title and interest (including intellectual property rights) in our Website
and all of the Content. Your use of our Website and your use of and access to
any Content does not grant or transfer to you any rights, title or interest in
relation to our Website or the Content. You must not:
(a) copy or
use, in whole or in part, any Content;
(b) reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or circulate any
Content to any third party; or
(c) breach any
intellectual property rights connected with our Website or the Content,
including (without limitation) altering or modifying any of the Content,
causing any of the Content to be framed or embedded in another website or
platform, or creating derivative works from the Content.
Transactions
If you intend to purchase or subscribe to a service from us you then you agree to the following Payment and Refund Policy
Payment Policy
Payment Methods
Any transactions made on plmc.com.au is will be handled by a third party Gateway called eWay, this enables PLMC Web Design to accept Visa, Mastercard, Discover, AmEx, Diners, Maestro, Laser, UnionPay, and JCB to pay for our services. All transactions made using eWay are subject to verification and approval. When a transaction is made the Credit Card is charged immediately.
Services Provided
- Working with the customer to begin a project
- Design, Development of the selected service
- Publishing to customers host
- Support for the service purchased for either one year, or for the duration of the subscription.
Changing Service
If the customer is on a subscription plan and desires to pay the remainder outright then the customer can contact PLMC Business Services which will provide a bill for the remainder of the subscription that can be paid.
Closure of Project
Once the project has been finished, all content developed by PLMC Business Services for the service will become the property of the customer, any licence gained from a third-party service paid for by PLMC Business Services will remain the property of PLMC Business Services. The customer will be provided with the service files and a copy of the database used by the service, along with access to the administrative account for the website.
Refund Policy
Outright
PLMC Business Services will calculate the days spent on the service, divide that by 365 days (one year), multiply the result by the total cost of the service (amount expired), then take the total cost of the service minus the amount expired. The result of the calculations will be how much PLMC Business Services will refund the customer
Formulae:
cost of service – ((days spent / 365) x cost of service)
Subscription – Cancellation
Payments made months prior to cancellation including the First initial payment will not be refunded, the amount paid during the current month of development will be refunded in full.
Termination of Services provided
If the customer decides to get refunded, any support for the website will be cancelled, the administrative account will not be provided to the customer, should the website files and database be held on a web server hosted with PLMC Business Services, access will be denied to the customer, All contents developed or provided by PLMC Business Services for the service will remain owned by PLMC Business Services.
Third-party websites
Our Website may contain links to websites
operated by third parties. Unless
expressly stated otherwise, we do not control, endorse or approve, and are not
responsible for, the content on those websites.
You should make your own investigations with respect to the suitability
of those websites.
Warranties and disclaimers
To the maximum extent permitted by law, we
make no representations or warranties about our Website or the Content,
including (without limitation) that:
(a) they are
complete, accurate, reliable, up-to-date and suitable for any particular
purpose;
(b) access
will be uninterrupted, error-free or free from viruses; or
(c) our Website
will be secure.
You read, use and act on our Website and the
Content at your own risk.
Limitation of liability
To the maximum extent permitted by law, we are
not responsible for any loss, damage or expense, howsoever arising, whether
direct or indirect and/or whether present, unascertained, future or contingent
(Liability) suffered by you or any third party, arising from or in
connection with your use of our Website and/or the Content and/or any
inaccessibility of, interruption to or outage of our Website and/or any loss or
corruption of data and/or the fact that the Content is incorrect, incomplete or
out-of-date
Indemnity
To the maximum extent permitted by law, you
must indemnify us, and hold us harmless, against any Liability suffered or
incurred by us arising from or in connection with your use of our Website or
any breach of these Terms or any applicable laws by you. This indemnity is a
continuing obligation, independent from the other obligations under these
Terms, and continues after these Terms end.
It is not necessary for us to suffer or incur any Liability before
enforcing a right of indemnity under these Terms.
Termination
These Terms are effective until terminated by
us, which we may do at any time and without notice to you. In the event of termination, all restrictions
imposed on you by these Terms and limitations of liability set out in these
Terms will survive.
Disputes
In the event of any dispute arising from, or
in connection with, these Terms (Dispute), the party claiming there is a
Dispute must give written notice to the other party setting out the details of
the Dispute and proposing a resolution.
Within 7 days after receiving the
notice, the parties must, by their senior executives or senior managers (who
have the authority to reach a resolution on behalf of the party), meet at least
once to attempt to resolve the Dispute or agree on the method of resolving the
Dispute by other means, in good faith.
All aspects of every such conference, except the fact of the occurrence
of the conference, will be privileged. If the parties do not resolve the
Dispute, or (if the Dispute is not resolved) agree on an alternate method to
resolve the Dispute, within 21 days after receipt of the notice, the Dispute
maybe referred by either party (by notice in writing to the other party) to
litigation.
Severance
If a provision of these Terms is held to be
void, invalid, illegal or unenforceable, that provision must be read down as
narrowly as necessary to allow it to be valid or enforceable. If it is not
possible to read down a provision (in whole or in part), that provision (or
that part of that provision) is severed from these Terms without affecting the
validity or enforceability of the remainder of that provision or the other
provisions in these Terms.
Jurisdiction
Your use of our Website and these Terms are
governed by the laws of Western Australia. You irrevocably and unconditionally
submit to the exclusive jurisdiction of the courts operating in Western
Australia and any courts entitled to hear appeals from those courts and waive
any right to object to proceedings being brought in those courts.
Our Website may be accessed throughout
Australia and overseas. We make no
representation that our Website complies with the laws (including intellectual
property laws) of any country outside Australia. If you access our Website from outside
Australia, you do so at your own risk and are responsible for complying with
the laws of the jurisdiction where you access our Website.
Disclaimer
PLMC does not endorse, approve, monitor or make any representations with regards to external links provided by the PLMC Website. You enter these website links at your own risk and should take precautionary measures such as firewalls and antivirus software.
PLMC takes no responsibility or liability relating to access or use of any of the links and information provided by the PLMC Website. By continuing to use this website and its contents you agree to PLMC’s Terms of Use.
For any questions and notices, please contact
us at PLMC Business Services Pty Ltd, ABN 78 167 697 369 Email: paul@plmcbusiness.com
Last update: 6th of August 2020